HOUGHTALING, JEFFREY, PEOPLE v
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Opinion
SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
906 KA 10-02157 PRESENT: CENTRA, J.P., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V MEMORANDUM AND ORDER
JEFFREY HOUGHTALING, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
MULDOON & GETZ, ROCHESTER (GARY MULDOON OF COUNSEL), FOR DEFENDANT-APPELLANT.
THOMAS E. MORAN, DISTRICT ATTORNEY, GENESEO (ERIC R. SCHIENER OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Livingston County Court (Gerard J. Alonzo, Jr., J.), rendered January 27, 2005. The judgment convicted defendant, upon a jury verdict, of aggravated unlicensed operation of a motor vehicle in the first degree and driving while ability impaired.
It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.
Same Memorandum as in People v Houghtaling ([appeal No. 1] ___ AD3d ___ [Sept. 30, 2011]).
Entered: September 30, 2011 Patricia L. Morgan Clerk of the Court
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